A PERTHSHIRE landowner failed to get the go-ahead before authorising engineering work to be carried out on a protected section of the River Tay.

The omission, described as a “serious error of judgement,” cost Thomas Steuart Fothringham (40), of Murthly Castle, a £9000 fine at Perth Sheriff Court yesterday.

In a separate court action, he will have to meet the cost of remedial work, which could run into thousands of pounds.

The contractor who carried out the work, John McIntosh (68), of Gellyburn Quarry, Murthly, was fined £900.

They both admitted breaching water environment regulations on the Tay, one of Scotland’s top salmon fishing rivers, between May 31 and June 8, 2010.

Both could have been jailed for up to six months or fined a maximum of £40,000.

The work, said to have been prompted by health and safety concerns following serious flooding in 2004, related to a 140-metre stretch of the south bank of the waterway, at Murthly Estate.

The court heard that the work was brought to a halt after the Scottish Environment Protection Agency issued an enforcement notice.

Depute fiscal John Malpass said there was the risk of “significant impact” on the river habitat because of the extensive nature of the project.

The Tay contains Atlantic salmon, otter and lamprey and is an important source of freshwater pearl mussels – Scotland’s rivers account for half of the world’s population.

Mr Malpass said the riverbank protection had been “altered substantially” by the work.

Safety

Solicitor Jonathan Guy, for Fothringham, said that the condition of the bank became “progressively worse” since the 2004 flooding and he had health and safety concerns for anglers and children who played there.

The roots of a large tree had also become exposed and there was a significant risk it would fall into the water.

“He made this very, very poor decision to instruct the works to be carried out through another party,” said the agent.

Fothringham had spent £7000 commissioning an environment report from Edinburgh consultants and he had made a “full and frank confession” to SEPA.

The lawyer stressed: “Mr Fothringham gained no direct benefit from the works being done.”

Advocate Ronnie Renucci, for McIntosh, said: “In hindsight he should have checked certificates and permissions were in place but he assumed, wrongly as it turned out, that the landowner had done that.

“He’s learned a very valuable and salutary lesson. He should not have allowed his employees on site without ensuring the necessary permissions were in place.”

Fining Fothringham £9,000, Sheriff Michael Fletcher pointed out that the offence had taken place on a river which was in a conservation area.

“You were well aware a licence was required but decided to ignore that.

“It would have been clear to you there was likely to be an impact on the environment and the wildlife in the river and on the bank.”

Turning to McIntosh, the sheriff said there was a “considerable difference” in his situation but he should still have checked the necessary permission had been obtained.

Ian Thomas, SEPA’s investigating officer, said yesterday: “I have never witnessed unauthorised gravel extraction or grey bank protection over such a large area before, let alone on the same site.

“Since Mr Fothringham is a landowner of an estate which includes the River Tay and sits on the Tay Salmon Fisheries Board, he should have been fully aware of the Controlled Activities Regulations and the Special Area of Conservation.

“The River Tay is also home to freshwater pearl mussels, which is a highly protected and extremely rare species.

“It is one of the longest living invertebrates, capable of living for well over 100 years.

“Its range has shrunk considerably due to pressures, including pearl fishing, pollution and river engineering, and it is now estimated that Scotland holds approximately half the known remaining breeding populations in the world.

“Therefore Scotland has a critical role in supporting the continued global survival of this important species.

“If the required Controlled Activities Regulations licence been applied for, SEPA, in consultation with Scottish Natural Heritage, would have required a survey for freshwater pearl mussels to be completed.

“Any licence issued would have contained conditions to ensure that the mussels and other river life were not harmed.

“By failing to apply for the required licence, Mr Fothringham and Mr McIntosh did not allow SEPA to place necessary conditions to protect the environment and natural heritage interests.”